Risk Management
Risk Management Policy
The following risk management policy regarding alcohol and drugs is intended to assist Phi Delta Epsilon in reducing the exposure of the Fraternity by reducing the risk of members acting in a negligent manner. It has been drafted after consultation with a wide variety of persons including attorneys, insurance brokers and staff executives of other professional fraternities.
Phi Delta Epsilon is, above all else, a fraternity which bonds together students and physicians with a common interest in the field of medicine. It is the professional nature of our Fraternity of which we are all most proud, but the fact that we are a fraternity presents societal concerns which we must face in a proactive rather than a reactive manner. We must evaluate our actions in each of these areas and be prepared to abide by certain responsibilities to prevent negligence.
This policy is not a substitute for individual responsibility by all members of Phi Delta Epsilon and it must be followed in conjunction with any applicable university/college policies as well as applicable laws.
(Created August 17, 2010 and revised June 26, 2022)
Statement on the Use of Illicit Drugs
Phi Delta Epsilon is a values-driven membership organization that focuses on preparation of future physicians and development of current physicians, The Fraternity believes that drug use prevents individual members from realizing their full potential as citizens and from exemplifying the characteristics of members. We are concerned about the impact of drugs and other mind-altering substances have on the safety and lifelong well-being of our members and the reputation of our organization.
The unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs and alcohol are prohibited, in and on, Phi Delta Epsilon owned or controlled property and as a part of any of its activities, whether in person or virtual, including any event sponsored or endorsed by the Fraternity or its chapters.
Phi Delta Epsilon expects members and guests to follow federal law regarding illicit drugs and controlled substances. No member or guest shall report to any Phi Delta Epsilon event or Phi Delta Epsilon sponsored or endorsed event, whether in person or virtual, under the influence of any illicit drugs or alcohol. The possession of paraphernalia for unlawful drug use is also prohibited. The term “illicit drugs” refers to all illegal drugs and to legal drugs obtained or used without a physician’s order. It does not prohibit the use of prescribed medication under the direction of a physician. However, in accordance with Federal Law, Phi Delta Epsilon does not permit the possession or use of marijuana on Phi Delta Epsilon property or during Phi Delta Epsilon sponsored or endorsed activities for any purpose. As such the possession or use of medical marijuana, even if authorized under state law, is prohibited on Phi Delta Epsilon property and during Phi Delta Epsilon sponsored or endorsed activities whether in person or virtual.
Section 1. Alcohol and Drugs
The Fraternity will take responsible and good faith measures to assure that our members abide by law and Fraternity policies and that our actions reflect in a positive way on ourselves and on Phi Delta Epsilon. As stated earlier, none of these actions can provide an adequate substitute for personal responsibility for risk on the part of those who opt to consume or to provide alcoholic beverages.
1. The possession, sale, use or consumption of ALCOHOLIC BEVERAGES, while on chapter premises or during a Fraternity event, in any situation sponsored or endorsed by the chapter, or in any event an observer would associate with a fraternity, must be in compliance with any and all applicable laws of the state, province, county, city and institution of higher education, and must comply with either the BYOB Policy (for medical chapters and graduate physicians ONLY) or Third Party Vendor Guidelines.
2. No alcoholic beverages may be purchased through chapter funds nor may the purchase of same for members or guests be undertaken or coordinated by any member in the name of, or on behalf of, the chapter or Fraternity. The purchase or use of a bulk quantity of common sources of such alcoholic beverage (e.g. kegs or cases) is prohibited.
3. OPEN PARTIES, meaning those with unrestricted access by non-members of the Fraternity, without specific invitation, where alcohol is present, shall be forbidden.
4. No members, collectively or individually, shall purchase for, serve to, encourage consumption of, or sell alcoholic beverages to any minor (i.e., those under legal "drinking age").
5. The possession, sale, distribution, or use of any ILLEGAL DRUGS and/or unauthorized CONTROLLED SUBSTANCES while on chapter premises or during a Fraternity event or at any event that an observer would associate with the Fraternity, is strictly prohibited.
6. No chapter may co-sponsor an event with an alcohol distributor, charitable organization, or tavern (tavern defined as an establishment generating more than half of annual gross sales from alcohol) where alcohol is given away, sold, or otherwise provided to those present.
7. No chapter may co-sponsor or co-finance a function where alcohol is purchased by any of the host chapters, groups, or organizations.
8. All recruitment activities associated with any chapter will be a DRY (no alcohol before, during or after) recruitment function.
9. No member shall permit, tolerate, encourage or participate in "drinking games."
10. No alcohol shall be present at any new member program, activity, or ritual of the chapter.
Section 2. Hazing
No chapter, prospective chapter, student, member, alumnus or graduate physician shall conduct or condone hazing activities. No potential, new, or existing chapter member may give consent to be hazed. Hazing activities are defined as:
"Any action taken or situation created, intentionally, whether on or off fraternity premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such activities may include but are not limited to the following: use of alcohol; paddling in any form; creation of excessive fatigue; physical and psychological shocks; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside or inside of the confines of a chapter event; wearing of public apparel which is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and any other activities which are not consistent with academic achievement; fraternal law, ritual or policy; the regulations and/or policies of the educational institution; or applicable law."
Section 3. Sexual Abuse and Harassment
The Fraternity will not tolerate or condone any form of sexually abusive behavior on the part of its members, whether physical, mental, emotional, or verbal. This is to include any actions which are demeaning to a person including but not limited to date rape, gang rape, sexual assault, sexual harassment, or verbal harassment.
Section 4. Fire, Health and Safety
1. Fraternity houses are forbidden.
2. All chapter officers should have emergency numbers for fire, police, and ambulance stored on their phones during events.
3. All chapters should comply with engineering recommendations as reported by the insurance company.
4. The possession and/or use of firearms or explosive devices of any kind within the confines and premises of chapter events is expressly forbidden.
Section 5. Contractual Agreements & Additional Insureds
No chapter, or member, may enter into any written or oral contract or financial agreement using the name of the Fraternity. This includes without limitation such agreements as leases, contracts, hold harmless agreements, liability releases, account statements, purchase orders, and hotel or banquet contracts. As the Fraternity’s insurance does not afford protection for outside parties, no chapter or member may enter into any written or oral agreement under which the responsibility or liability of some party other than the Fraternity is assumed. Additional Insured status under the Fraternity’s insurance requires the prior agreement of both the Fraternity and its insurers.
Section 5. Contractual Agreements & Additional Insureds
No chapter, or member, may enter into any written or oral contract or financial agreement using the name of the Fraternity. This includes without limitation such agreements as leases, contracts, hold harmless agreements, liability releases, account statements, purchase orders, and hotel or banquet contracts. As the Fraternity’s insurance does not afford protection for outside parties, no chapter or member may enter into any written or oral agreement under which the responsibility or liability of some party other than the Fraternity is assumed. Additional Insured status under the Fraternity’s insurance requires the prior agreement of both the Fraternity and its insurers.
Section 6. Automobiles and Transportation
Any individual who drives or provides transportation in conjunction with Fraternity activities shall obey all applicable motor vehicle laws, including, but not limited to, those concerning vehicle safety, vehicle operation, financial responsibility and/or insurance, and the transportation and consumption of alcoholic beverages. Operators shall ensure that vehicles are properly maintained, not overloaded, and operated in a safe manner. Rental vehicles shall be operated in accordance with rental contracts. Use of personal vehicles shall be strictly voluntary and the sole responsibility of the vehicle owner/operator. Financial Responsibility Laws generally impose responsibility for accidents on the driver or owner of vehicles. The Fraternity assumes no responsibility or liability and provides no insurance to drivers or owners of vehicles for accidents or injuries, or for any damages to vehicles not owned by the Fraternity that may be used in conjunction with Fraternity activities.
Section 7. Members Personal Property
Use of personal property in Fraternity activities shall be strictly voluntary and the sole responsibility of the owner. The Fraternity assumes no liability or responsibility for any loss or damage to any personal property of members even if used in conjunction with Fraternity activities.
Section 8. Risk Management Policy Awareness
Upon association, each member shall be advised of and provided with a copy the Fraternity’s Risk Management Policy. Each chapter shall review the Risk Management Policy at the first chapter meeting of each school term, and shall record the Risk Management Policy review in the minutes of that meeting. A copy of the policy shall be posted on the Fraternity website.